Legal Question in Real Estate Law in New Jersey

lease breakage

I will highly appreciate if any body can help me , My problem is :

I was residing in one of apartment complex in Hasbrouck heights NJ, I signed lease during month of Jan, 2002 for One year. Then due to my job transfer to Maryland during month of May 2002. I given 30 days notice to my apartment management along with One months re-rental free i.e. TWO MONTH RENT. ( One month notice and One month re-rental fee ). Now I am in Maryland since then, recently I made inquiry with New Jersey apartment Guys because I haven�t received my SECURITY DEPOSIT. They said me as they were not having my forwarding address they haven�t send me and now they will sent me within this week. BUT this week I got one certified mail from them saying that they had deducted all of my Security deposit and still I have to pay them $5600 because I am liable to pay them full year rent. Can anybody suggest what to do now ?

Thanks in advance & best regards

-Rs


Asked on 8/30/02, 12:39 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: lease breakage

Unless the lease allowed you to terminate it early and specified the terms and conditions, you are responsible for all rent for the balance of the term. The landlord does have the obligation to attempt to re-rent and can hold you responsible for all lost rentals and costs of re-renting. The real issue is what is the effect of the notice and acceptance of the re-rental fee. This might be interpreted to mean they accepted your early termnation. Tough call, and will probably require litigation. You would sue for the return of the security and they will claim they were unable to re-rent, making you responsible for the balance due. If the lease is silent, you are at risk.

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Answered on 9/03/02, 10:49 am


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